Decides to convene, with the support of the High Commissioner, before the thirty-eighth session of the Human Rights Council, a one-day intersessional seminar on the impact of the implementation by States of their obligations under relevant provisions of international human rights law with regard to the protection of the family on the role of the family in supporting the protection and promotion of the human rights of older persons, and to discuss challenges and best practices in this regard, with the participation of Member States and other relevant stakeholders, including national human rights institutions, academic experts and civil society organizations;

Reaffirming that States have the primary responsibility to promote and protect the human rights and fundamental freedoms of all human beings, including women, children and older persons,

Underlines the importance of strengthening intergenerational partnerships and solidarity among generations, and calls upon States in this regard to promote opportunities for voluntary, constructive and regular interaction between young people and older generations in the family, in the workplace and in society at large;

Remains convinced that older persons, including those with disabilities, and their family members should receive the protection and assistance necessary to achieve the full and equal enjoyment of human rights by every person;

Emphasizes that consultation with older persons is essential in the formulation and adoption of legislation and policies relating to their specific needs and concerns;

Further recognizes that older women face a greater risk of physical and psychological abuse due to discriminatory societal attitudes and the non-realization of their human rights, and that some harmful traditional and customary practices result in abuse and violence directed at older women, often exacerbated by poverty and lack of access to legal protection;

Urges Governments and other relevant stakeholders to address the challenges faced by older women in accessing HIV prevention, treatment, care and support, as well as in caring for people living with or affected by HIV and AIDS, including orphaned children in vulnerable situations;

Recognizes the potential of older persons as leaders in the family and community for education, communication and conflict resolution;

Encourages States to increase efforts to raise awareness of the Madrid International Plan of Action on Ageing, 2002, including by promoting and supporting initiatives to advance a positive public image of older persons and their multiple contributions to their families, communities and societies and by working with the respective international, regional and national bodies and mechanisms, as appropriate;

Encourages States and non-governmental bodies to establish social and care services to support the whole family and individual carers when there are older people at home and to implement such measures, especially for low-income families, to be able to care for the older people at home;

[Urges States, in accordance with their respective obligations under international human rights law, to provide the family, as the natural and fundamental group unit of society, with effective protection and assistance, and encourages States in this regard to take, as appropriate and to the maximum of their available resources, measures including:] Supporting research and developing comprehensive strategies to enhance the ability of families and communities to care for older family members and to reinforce the role of grandparents in raising grandchildren;

Recognizes the important role of civil society, including organizations of older persons and their families, national human rights institutions, research institutes and academia, in advocacy, promotion, research and policymaking and, as appropriate, the evaluation of family policy development and capacity-building;

Highlights the role of families in supporting their members, including older persons, and recognizes their potential in contributing to the protection and promotion of older persons among their members;

Stresses that families remain the first and most immediate environment where older persons can develop their potential and enjoy a fulfilling life, and that the realization of the human rights of older persons can be deeply affected by the quality of life and the support and assistance provided to them, including through access to a range of support services that are responsive to individual choices, wishes and needs;

Affirms that older persons have equal rights with respect to family life, and that States should realize these rights and prevent the concealment, abandonment, neglect and segregation of older persons and undertake to provide early and comprehensive information, services and support to older persons and their families;

Also recognizes that neglect, abuse and violence against older persons takes many forms – physical, psychological, emotional, financial – and occurs in every social, economic, ethnic and geographic sphere, including within the family, and calls upon States to, inter alia, enact legislation and strengthen legal efforts to eliminate elder abuse; and educate and sensitize professionals and the general public on violence and abuse of older persons, its various characteristics and causes, and protection of and respect for their human rights and needs;

Also encourages States to continue their efforts to implement the Madrid Plan of Action and to mainstream the concerns of older persons into their policy agendas, bearing in mind the crucial importance of intergenerational family interdependence, solidarity and reciprocity for social development and the realization of all human rights of older persons, and to prevent discrimination against older persons and provide social integration;

Stresses the need for States to adopt immediate, effective and appropriate measures aimed at raising awareness throughout society, including at the family level, regarding older persons, with a view to fostering respect for their rights and dignity;

[The Commission urges governments, at all levels[...] to take the following actions:] [Addressing structural and underlying causes and risk factors so as to prevent violence against women and girls]: Develop and implement gender-sensitive policies, strategies, programmes and measures which promote greater understanding and recognition that caregiving is a critical societal function, and encourage the equal sharing of responsibilities and chores between men and women in caregiving, including for persons with disabilities, older persons and people living with HIV, as well as for child-rearing, parenting and domestic work; and also work to change attitudes that reinforce the division of labour based on gender, in order to promote shared family responsibility for work in the home and reduce the domestic work burden for women and girls;

Furthermore, as already observed in paragraphs 20 and 21 above, in order fully to implement the provisions of article 9 of the Covenant, States parties should, within the limits of available resources, provide non-contributory old-age benefits and other assistance for all older persons who, when reaching the age prescribed in national legislation, have not completed a qualifying period of contribution and are not entitled to an old-age pension or other social security benefits or assistance and have no other source of income.

In accordance with article 10, paragraph 1, of the Covenant and recommendations 25 and 29 of the International Plan of Action on Ageing, States parties should make all the necessary efforts to support, protect and strengthen the family and help it, in accordance with each society's system of cultural values, to respond to the needs of its dependent ageing members. Recommendation 29 encourages Governments and non-governmental organizations to establish social services to support the whole family when there are elderly people at home and to implement measures especially for low-income families who wish to keep elderly people at home. This assistance should also be provided for persons living alone or elderly couples wishing to remain at home.

Recommendation 50 of the Plan of Action stresses the need for Governments, non-governmental organizations and older persons themselves to make efforts to overcome negative stereotyped images of older persons as suffering from physical and psychological disabilities, incapable of functioning independently and having neither role nor status in society. These efforts, in which the media and educational institutions should also take part, are essential for achieving a society that champions the full integration of older persons.

In this context, attention may be drawn to Global target No. 1, adopted by the General Assembly in 1992, which calls for the establishment of national support infrastructures to promote policies and programmes on ageing in national and international development plans and programmes. In this regard, the Committee notes that one of the United Nations Principles for Older Persons which Governments were encouraged to incorporate into their national programmes is that older persons should be able to form movements or associations of older persons.

The Committee on the Elimination of Discrimination against Women (hereinafter "the Committee"), concerned about the multiple forms of discrimination experienced by older women and that older women's rights are not systematically addressed in the reports of States parties, decided at its forty-second session, held from 20 October to 7 November 2008, pursuant to article 21 of the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter "the Convention"), to adopt a general recommendation on older women and protection of their human rights.

In its decision 26/III of 5 July 2002, the Committee acknowledged that the Convention "is an important tool for addressing the specific issue of the human rights of older women." General recommendation No. 25 on article 4, paragraph 1, of the Convention (temporary special measures) also recognizes that age is one of the grounds on which women may suffer multiple forms of discrimination. In particular, the Committee recognized the need for statistical data, disaggregated by age and sex, in order to better assess the situation of older women.

The Committee affirms previous commitments to older women's rights enshrined in, inter alia, the Vienna International Plan of Action on Ageing, the Beijing Declaration and Platform for Action, the United Nations Principles for Older Persons (General Assembly resolution 46/91, annex), the Programme of Action of the International Conference on Population and Development, the Madrid International Plan of Action on Ageing 2002, Committee on Economic, Social and Cultural Rights general comment No. 6 on the economic, social and cultural rights of older persons (1995), and general comment No. 19 on the right to social security (2008).

Microcredit and finance schemes usually have age restrictions or other criteria that prevent older women from accessing them. Many older women, particularly those who are confined to their homes, are unable to participate in cultural, recreational and community activities, which leaves them isolated and has a negative impact on their well-being. Often, not enough attention is given to the requirements for independent living, such as personal assistance, adequate housing, including accessible housing arrangements and mobility aids.

In many countries, the majority of older women live in rural areas where access to services is even more difficult due to their age and poverty levels. Many older women receive irregular, insufficient or no remittances from their migrant-worker children. Denial of their right to water, food and housing is part of the everyday life of many poor, rural older women. Older women may not be able to afford proper food due to a combination of factors such as the high price of food and the inadequacy of their income due to discrimination with regard to employment , social security and access to resources. Lack of access to transportation can prevent older women from accessing social services or participating in community and cultural activities. Such lack of access may be due to the fact that older women have low incomes and the inadequacy of public policy in providing affordable and accessible public transport to meet the needs of older women.

The Committee's general recommendation No. 21 (1994) states that "[p]olygamous marriage contravenes a woman's right to equality with men, and can have such serious emotional and financial consequences for her and her dependants that such marriages ought to be discouraged and prohibited" (para. 14). Nevertheless, polygamy is still practised in many States parties, and many women are in polygamous unions. Older wives are often neglected in polygamous marriages once they are no longer considered to be reproductively or economically active.

State parties must recognize that older women are an important resource to society, and have the obligation to take all appropriate measures, including legislation, to eliminate discrimination against older women. States parties should adopt gender-sensitive and age- specific policies and measures, including temporary special measures, in line with article 4, paragraph 1 of the Convention and general recommendations No. 23 (1997) and No. 25 (2004) of the Committee, to ensure that older women participate fully and effectively in the political, social, economic, cultural and civil life, and any other field in their societies.